PLANNING BOARD MEETING
CANAAN, NY 12029

AUGUST 28, 2006



The meeting was called to order at 7:05pm. Joe Davis was absent.

EXEMPT SUBDIVISION FOR PHILIP SARACHIK AT 2189 ROUTE 295

Mr. Sarachik appeared and stated he is located across the road from the Owl Gallerie (now an antiques store). Mr. Sarachik wants to divide his property into 2 equal parcels of 6.31 acres each. Parcel 2 (as listed on the map) currently has a house and garage on it and gets its access off Route 295. Parcel 1(as proposed) only has access and frontage off Upper Queechy Road. Parcel 1 only has 208.25 feet of road frontage on Route 295, but there is over 350 feet on Upper Queechy Road.

Don stated it is a conforming lot now but subdividing it will create a non-conforming lot since the house is more than 450 feet back from the road. The frontage on the Route 295 side should have 350 feet of frontage and it does not.

The Board said per the Zoning law (page 13) the Board cannot create a non-conforming lot. Mr. Sarachik said he cannot get 350 feet nor can he move the house. Don said Mr. Sarachik would have to go to the ZBA. Pierre said the Planning Board will have to turn down the application. Don will write a letter saying the Board cannot approve it. Mr. Sarachik will have to apply to the ZBA for a variance.

The application is tabled until a variance is granted.


EXEMPT SUBDIVISION FOR EMERSON AND PEGGY MORSE AT 393 MAPLE DRIVE

Ron asked if this was part of the Kellam property ? Mr. Morse said yes. Ron said if there were several subdivisions on this and if this split made 7 it would become a major subdivision.

The Board asked the Clerk if she could access the old file (previous Kellam subdivisions) from 1999? The Clerk found an old file dated 8/99. This stamped map showed 6 splits already and the one the Morses want would make it 7. Ron said this is a major subdivision and the criteria is different.

Ron spoke about using the road as a natural subdivider after Mr. Morse asked about it. Ron said the previous Town Attorney (Ted Gutterman) said no.

Planning Board Meeting August 28, 2006 Page 2



Don read the requirements out of the Zoning Law for a major subdivision and the Board discussed them. The following things are outstanding:

1. A long form SEQR is required. This can be downloaded from the DEC website.
2. The driveway cannot be more than a 10% grade.
3. This needs a deed
4. It requires a public hearing.

Don said it appears the other criteria have already been met.

The Morses want to divide this into 2 parcels of : Parcel 1- 34.549 acres
Parcel 2-52.300 acres

Mr. Morse said parcel 2 has a driveway on it which he put in for logging. The Planning Board advised he get in writing that this is an approved driveway and not just a road for logging.

Don advised the applicant to get a copy of the Zoning Law and go over it with his surveyor to make sure everything that is needed is on the map.

This will be tabled until September. The Planning Board will schedule a Public Hearing if the Morses will be appearing. The applicants will need to resubmit maps.


INFORMAL APPEARANCE BY RD CLARK INC. FOR A COMMERCIAL SITE PLAN REVIEW FOR A PROPOSED 22,000 SF BUILDING FOR A TRUCK GARAGE/TERMINAL. THIS IS CURRENTLY THE JOHN KIE PROPERTY

Don stated this is an informal appearance. Mike McDonald (attorney), Robert Hoogs (surveyor with Foresight Land Co.) and the owners of the business were present.

Mr. McDonald stated this would be for petroleum hauling. It will be a switch off area and all trucks on the premises will be empty. They are working on a purchase agreement with John Kie. The owners want to consolidate and they have a similar business in Cromwell, CT.

Mr. McDonald said there will be 17 or 18 tractors with 20-25 trailers on site. The tractors will be stored at night in the building. The trailers will be empty on site. The trailers will pick up petroleum elsewhere and deliver it.



Planning Board Meeting August 28, 2006 Page 3


There will be an office building for dispatch (there will be 3 dispatchers overlapping), maintenance and the drivers. The dispatchers will work 18 hours a day and the truck traffic will be from 5:00am to 5:00pm. The maintenance of trucks will be from 7:00 or 8:00am to 5:00pm.

Don said the first step is to go to the ZEO, then to the ZBA for a Special Permit. The ZBA will have to hold a Public Hearing. After the ZBA, it will be referred back to the Planning Board for Site Plan Review.

Mr. McDonald said he had met with the ZEO in February and then met with the Highway Superintendent and are now asking for input from the Planning Board. Don said the Planning Board cannot give input now since there is no formal application. Mr. McDonald said they realize they can’t get approval tonight and feel they have covered all the necessary items. Mr. Hoogs said they want to have what they need in advance.

Mr. Hoogs went on by describing the whole project. He said; this parcel is approximately 9 acres and their facility would take 5 acres. They would like to subdivide the existing house with 4 acres from the parcel. The Board discussed the fact that this is in the CII zone. Don said they would need a variance in CII. Mr. McDonald said the ZEO told them he thought it would be allowed as a trucking facility in CII by Special Permit and no variance was needed.

The house is not 100 feet from the road. There is a line of trees there and it will remain. The driveway is angled at the request of the Highway Superintendent. Mr. McDonald said the driveway was okayed by the Highway Superintendent on a conceptual basis. The map shows the stormwater plan. The lighting will be downward and shielded. The facility will be fenced and have 2 slide gates for security. Mr. McDonald showed drawings of the building. There will be 8 truck bays and they will face South. It will be a 20 foot high building.

Peter Bartlett (an abutter) left a letter for the Board members. Mr. Bartlett said he and his neighbors are in the process of hiring a lawyer. They do not want this building at all.

The Chairman repeated that this is an informal application. The Planning Board cannot do anything until after this applicant has been to the ZBA and a formal application is submitted to the Planning Board.

REVISED COMMERCIAL SITE PLAN FOR RANDY GILLESPIE/GILLESPIE AUTOMOTIVE AT 13160 ROUTE 22 FOR AN ADDITIONAL STORAGE BUILDING

Planning Board Meeting August 28, 2006 Page 4


Robert Gagen, attorney for the applicant, spoke for this application. He said Mr. Gillespie wants to add a storage building. He submitted the site plan, the building foundation and elevation drawings. Mr. Gillespie said he had given 12 copies of the elevation drawings and building foundations to the Building Inspector. These were never given to the Planning Board.

Don asked what would be in the building? Mr. Gillespie said more cars so they are not in the rain.

Mr. Gagen said Pat Pulver had sent a letter to the Planning Board saying Mr. Gillespie was in compliance. Don said that letter was incorrect and irrelevant. Don said he went by Mr. Gillespie’s garage tonight and there were 21 vehicles besides 14 others which were clearly marked for sale. Don said the approved site plan only allows 15 cars total. Don said Mr. Gillespie’s proposal for revision to add more cars was never approved. Don said even if that been approved, Mr. Gillespie still has too many cars and where several of them are parked is not allowed either.

Mr. Gagen then referred to the letter the Clerk wrote on April 18th (Don said this was at the Board’s request) and again to the letter from Pat Pulver. Mr. Gagen said he wanted to point out that the letter Pat Pulver wrote said “average”. Don said that is wrong and irrelevant since the Board did not approve the word “average”.

Mr. Gagen asked if it was true the Board will not entertain anything since Mr. Gillespie is not in compliance? Don said yes. Don said Mr. Gillespie has to be specific on his site plan. He would need to tell how many total cars he plans to have, how many will be for sale, how many are for repairs etc. Also, the location of all the cars on the lot. Also, the apartment on back of the building must be shown on the map.

Don said in the approved site plan the customer parking was for people to pull off the road to look at the cars. The business area was for repair or the sale of cars. Ron said Mr. Gillespie is not in compliance and he has to be before the Planning Board will do anything. Ron said Mr. Gillespie cannot park cars wherever he wants. Mr. Gillespie said it does not matter where he parks the cars since it is all asphalt. Ron said it does, he can only park where it was approved. Ron also said the Clerk tried numerous times to contact Mr. Gillespie after he submitted the (unapproved) revised site plan to get him to come back before the Board and he never did.

Donna brought up the apartment in the back and said this Board did not address that. Ron said that is grandfathered. Mr. Gillespie said he is storing motorcycles in the apartment and no on e has lived there since he owned it.


Planning Board Meeting August 28, 2006 Page 5



The Board spoke about the building and stated the current building is only 16 feet 8 inches away from the road. Pierre felt this was not enough. Ian said he is more concerned about how the building will look. The new building will be steel and be 58 feet high. Ron suggested checking the snow load requirement on this building. Mr. Gillespie said he has already purchased the building.

Donna said there was a letter from a neighbor in the old file (approved site plan) which was concerned about needing screenage. Donna feels the Board needs to look at this.

Mr. Gagen said they will withdraw this application and resubmit a new one. The Chairman said it must be submitted 11 days in advance. Don advised he read the site plan requirements.


REVIEW AND APPROVAL OF 7/24 MINUTES

MOTION TO APPROVE AS AMENDED- Ian Hooper
Second-Pierre Gontier ALL IN FAVOR (except Ron Davis)

Roll call Chairman Malin-yes
Ian Hooper-yes
Amy Lundy-yes
Pierre Gontier-yes adopted
Ron Davis-abstain
Donna Kinght-yes

CORRESPONDENCE

1. 2007 budget request from the Supervisor
2. July 2006 ZEO report
3. June 27th ZBA minutes
4. NY Planning Federation Newsletter-Summer 2006
5. Rural Futures –July/August 2006 issue
6. Letter to the Supervisor dated 7/21/06 from GEA re: engineer services
7. Letter dated 8/4/06 from J. Kleinbaum to the Clerk re: Meppens new food service building
8. A copy of a fax dated 8/10/06 from J. Kleinbaum to P.Pulver re: Meppens new food service building. There will not be an apartment.
9. A flyer on a Stormwater conference 9/13/06 in Syracuse
10. RF emissions from Crown Castle for both towers
11. 2005 Annual report from the Lower Hudson Coalition of Conservation Districts
Planning Board Meeting August 28, 2006 Page 6



12. NY State Flood Plain and Stormwater Managers Association- summer 2006 issue
13. Talk of the Towns- July/August 2006 issue

ADDITIONAL BUSINESS

1. Don said he and Ian will be out of the Country for the September meeting. Ron Davis will be running the meeting.

2. Amy said there have been other informal appearances by applicants and the Board
has given them advice. She asked why this time it was different ? Are3 there different criteria ? Don said professionals have a lot of information and he does not feel the Board should give advice to them. For regular applicants, it is fine. Amy said she feels the Board needs consistency. Ron and Don said they don’t feel advice should be given to commercial operations. Donna said that has been done in the past. Don feels it should be on a case by case basis.




MOTION TO ADJOURN-Pierre Gontier Second-Ron Davis
All in Favor


The meeting was adjourned at 9:10pm.







Respectfully submitted,


Tammy C. Flaherty
Planning Board Clerk




PLANNING BOARD MEETING
CANAAN, NY 12029

AUGUST 28, 2006



The meeting was called to order at 7:05pm. Joe Davis was absent.

EXEMPT SUBDIVISION FOR PHILIP SARACHIK AT 2189 ROUTE 295

Mr. Sarachik appeared and stated he is located across the road from the Owl Gallerie (now an antiques store). Mr. Sarachik wants to divide his property into 2 equal parcels of 6.31 acres each. Parcel 2 (as listed on the map) currently has a house and garage on it and gets its access off Route 295. Parcel 1(as proposed) only has access and frontage off Upper Queechy Road. Parcel 1 only has 208.25 feet of road frontage on Route 295, but there is over 350 feet on Upper Queechy Road.

Don stated it is a conforming lot now but subdividing it will create a non-conforming lot since the house is more than 450 feet back from the road. The frontage on the Route 295 side should have 350 feet of frontage and it does not.

The Board said per the Zoning law (page 13) the Board cannot create a non-conforming lot. Mr. Sarachik said he cannot get 350 feet nor can he move the house. Don said Mr. Sarachik would have to go to the ZBA. Pierre said the Planning Board will have to turn down the application. Don will write a letter saying the Board cannot approve it. Mr. Sarachik will have to apply to the ZBA for a variance.

The application is tabled until a variance is granted.


EXEMPT SUBDIVISION FOR EMERSON AND PEGGY MORSE AT 393 MAPLE DRIVE

Ron asked if this was part of the Kellam property ? Mr. Morse said yes. Ron said if there were several subdivisions on this and if this split made 7 it would become a major subdivision.

The Board asked the Clerk if she could access the old file (previous Kellam subdivisions) from 1999? The Clerk found an old file dated 8/99. This stamped map showed 6 splits already and the one the Morses want would make it 7. Ron said this is a major subdivision and the criteria is different.

Ron spoke about using the road as a natural subdivider after Mr. Morse asked about it. Ron said the previous Town Attorney (Ted Gutterman) said no.

Planning Board Meeting August 28, 2006 Page 2



Don read the requirements out of the Zoning Law for a major subdivision and the Board discussed them. The following things are outstanding:

1. A long form SEQR is required. This can be downloaded from the DEC website.
2. The driveway cannot be more than a 10% grade.
3. This needs a deed
4. It requires a public hearing.

Don said it appears the other criteria have already been met.

The Morses want to divide this into 2 parcels of : Parcel 1- 34.549 acres
Parcel 2-52.300 acres

Mr. Morse said parcel 2 has a driveway on it which he put in for logging. The Planning Board advised he get in writing that this is an approved driveway and not just a road for logging.

Don advised the applicant to get a copy of the Zoning Law and go over it with his surveyor to make sure everything that is needed is on the map.

This will be tabled until September. The Planning Board will schedule a Public Hearing if the Morses will be appearing. The applicants will need to resubmit maps.


INFORMAL APPEARANCE BY RD CLARK INC. FOR A COMMERCIAL SITE PLAN REVIEW FOR A PROPOSED 22,000 SF BUILDING FOR A TRUCK GARAGE/TERMINAL. THIS IS CURRENTLY THE JOHN KIE PROPERTY

Don stated this is an informal appearance. Mike McDonald (attorney), Robert Hoogs (surveyor with Foresight Land Co.) and the owners of the business were present.

Mr. McDonald stated this would be for petroleum hauling. It will be a switch off area and all trucks on the premises will be empty. They are working on a purchase agreement with John Kie. The owners want to consolidate and they have a similar business in Cromwell, CT.

Mr. McDonald said there will be 17 or 18 tractors with 20-25 trailers on site. The tractors will be stored at night in the building. The trailers will be empty on site. The trailers will pick up petroleum elsewhere and deliver it.



Planning Board Meeting August 28, 2006 Page 3


There will be an office building for dispatch (there will be 3 dispatchers overlapping), maintenance and the drivers. The dispatchers will work 18 hours a day and the truck traffic will be from 5:00am to 5:00pm. The maintenance of trucks will be from 7:00 or 8:00am to 5:00pm.

Don said the first step is to go to the ZEO, then to the ZBA for a Special Permit. The ZBA will have to hold a Public Hearing. After the ZBA, it will be referred back to the Planning Board for Site Plan Review.

Mr. McDonald said he had met with the ZEO in February and then met with the Highway Superintendent and are now asking for input from the Planning Board. Don said the Planning Board cannot give input now since there is no formal application. Mr. McDonald said they realize they can’t get approval tonight and feel they have covered all the necessary items. Mr. Hoogs said they want to have what they need in advance.

Mr. Hoogs went on by describing the whole project. He said; this parcel is approximately 9 acres and their facility would take 5 acres. They would like to subdivide the existing house with 4 acres from the parcel. The Board discussed the fact that this is in the CII zone. Don said they would need a variance in CII. Mr. McDonald said the ZEO told them he thought it would be allowed as a trucking facility in CII by Special Permit and no variance was needed.

The house is not 100 feet from the road. There is a line of trees there and it will remain. The driveway is angled at the request of the Highway Superintendent. Mr. McDonald said the driveway was okayed by the Highway Superintendent on a conceptual basis. The map shows the stormwater plan. The lighting will be downward and shielded. The facility will be fenced and have 2 slide gates for security. Mr. McDonald showed drawings of the building. There will be 8 truck bays and they will face South. It will be a 20 foot high building.

Peter Bartlett (an abutter) left a letter for the Board members. Mr. Bartlett said he and his neighbors are in the process of hiring a lawyer. They do not want this building at all.

The Chairman repeated that this is an informal application. The Planning Board cannot do anything until after this applicant has been to the ZBA and a formal application is submitted to the Planning Board.

REVISED COMMERCIAL SITE PLAN FOR RANDY GILLESPIE/GILLESPIE AUTOMOTIVE AT 13160 ROUTE 22 FOR AN ADDITIONAL STORAGE BUILDING

Planning Board Meeting August 28, 2006 Page 4


Robert Gagen, attorney for the applicant, spoke for this application. He said Mr. Gillespie wants to add a storage building. He submitted the site plan, the building foundation and elevation drawings. Mr. Gillespie said he had given 12 copies of the elevation drawings and building foundations to the Building Inspector. These were never given to the Planning Board.

Don asked what would be in the building? Mr. Gillespie said more cars so they are not in the rain.

Mr. Gagen said Pat Pulver had sent a letter to the Planning Board saying Mr. Gillespie was in compliance. Don said that letter was incorrect and irrelevant. Don said he went by Mr. Gillespie’s garage tonight and there were 21 vehicles besides 14 others which were clearly marked for sale. Don said the approved site plan only allows 15 cars total. Don said Mr. Gillespie’s proposal for revision to add more cars was never approved. Don said even if that been approved, Mr. Gillespie still has too many cars and where several of them are parked is not allowed either.

Mr. Gagen then referred to the letter the Clerk wrote on April 18th (Don said this was at the Board’s request) and again to the letter from Pat Pulver. Mr. Gagen said he wanted to point out that the letter Pat Pulver wrote said “average”. Don said that is wrong and irrelevant since the Board did not approve the word “average”.

Mr. Gagen asked if it was true the Board will not entertain anything since Mr. Gillespie is not in compliance? Don said yes. Don said Mr. Gillespie has to be specific on his site plan. He would need to tell how many total cars he plans to have, how many will be for sale, how many are for repairs etc. Also, the location of all the cars on the lot. Also, the apartment on back of the building must be shown on the map.

Don said in the approved site plan the customer parking was for people to pull off the road to look at the cars. The business area was for repair or the sale of cars. Ron said Mr. Gillespie is not in compliance and he has to be before the Planning Board will do anything. Ron said Mr. Gillespie cannot park cars wherever he wants. Mr. Gillespie said it does not matter where he parks the cars since it is all asphalt. Ron said it does, he can only park where it was approved. Ron also said the Clerk tried numerous times to contact Mr. Gillespie after he submitted the (unapproved) revised site plan to get him to come back before the Board and he never did.

Donna brought up the apartment in the back and said this Board did not address that. Ron said that is grandfathered. Mr. Gillespie said he is storing motorcycles in the apartment and no on e has lived there since he owned it.


Planning Board Meeting August 28, 2006 Page 5



The Board spoke about the building and stated the current building is only 16 feet 8 inches away from the road. Pierre felt this was not enough. Ian said he is more concerned about how the building will look. The new building will be steel and be 58 feet high. Ron suggested checking the snow load requirement on this building. Mr. Gillespie said he has already purchased the building.

Donna said there was a letter from a neighbor in the old file (approved site plan) which was concerned about needing screenage. Donna feels the Board needs to look at this.

Mr. Gagen said they will withdraw this application and resubmit a new one. The Chairman said it must be submitted 11 days in advance. Don advised he read the site plan requirements.


REVIEW AND APPROVAL OF 7/24 MINUTES

MOTION TO APPROVE AS AMENDED- Ian Hooper
Second-Pierre Gontier ALL IN FAVOR (except Ron Davis)

Roll call Chairman Malin-yes
Ian Hooper-yes
Amy Lundy-yes
Pierre Gontier-yes adopted
Ron Davis-abstain
Donna Kinght-yes

CORRESPONDENCE

1. 2007 budget request from the Supervisor
2. July 2006 ZEO report
3. June 27th ZBA minutes
4. NY Planning Federation Newsletter-Summer 2006
5. Rural Futures –July/August 2006 issue
6. Letter to the Supervisor dated 7/21/06 from GEA re: engineer services
7. Letter dated 8/4/06 from J. Kleinbaum to the Clerk re: Meppens new food service building
8. A copy of a fax dated 8/10/06 from J. Kleinbaum to P.Pulver re: Meppens new food service building. There will not be an apartment.
9. A flyer on a Stormwater conference 9/13/06 in Syracuse
10. RF emissions from Crown Castle for both towers
11. 2005 Annual report from the Lower Hudson Coalition of Conservation Districts
Planning Board Meeting August 28, 2006 Page 6



12. NY State Flood Plain and Stormwater Managers Association- summer 2006 issue
13. Talk of the Towns- July/August 2006 issue

ADDITIONAL BUSINESS

1. Don said he and Ian will be out of the Country for the September meeting. Ron Davis will be running the meeting.

2. Amy said there have been other informal appearances by applicants and the Board
has given them advice. She asked why this time it was different ? Are3 there different criteria ? Don said professionals have a lot of information and he does not feel the Board should give advice to them. For regular applicants, it is fine. Amy said she feels the Board needs consistency. Ron and Don said they don’t feel advice should be given to commercial operations. Donna said that has been done in the past. Don feels it should be on a case by case basis.




MOTION TO ADJOURN-Pierre Gontier Second-Ron Davis
All in Favor


The meeting was adjourned at 9:10pm.







Respectfully submitted,


Tammy C. Flaherty
Planning Board Clerk

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